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Court Report: Alleged abuse of child with special needs

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ausage@samoanews.com

Pago Pago, AMERICAN SAMOA — A father accused of physically abusing his 12-year old special needs daughter is now in custody after he was arrested last month.

According to the government’s case, it was around 8:20p.m on Oct. 19, 2022 when a woman contacted the TPS regarding Asofa Esau, who was assaulting his 12-year old daughter using an extension cord. Officers responded and the defendant, along with his wife and daughter (victim) were all transported to the TPS for questioning. Officers also seized the extension cord that was allegedly used in the incident.

According to the victim’s mother, the victim had been taking money from her father’s wallet lately. She stated that her daughter’s friend said that the daughter has been coming to school with $20 or $10 lately but when her husband (defendant) asked the victim about the wallet she denied it.

The woman said her husband was beating the victim to teach her a lesson. The victim’s mother also stated that the victim has special needs for hearing and speech and this was the first time the victim was treated like this.

EMS arrived at the TPS and conducted an evaluation of the victim’s injuries, but the victim refused to be taken to the LBJ to be treated stating that she was fine.

The defendant was Mirandized and wished to make a statement. According to the defendant’s statement, he stated that when he questioned his children repeatedly about money missing from his wallet, they all said they did not know anything about it. However, the defendant knew that it was the victim who was the last person to be inside the room where the wallet was laying.

The defendant said he then got mad and used an extension cord to hit the victim because he knew the victim was lying, which made him even madder and he whipped the victim on her butt.

The defendant was later transported to the TCF where he was booked and confined.

The defendant made his initial appearance in Court last month. He is charged with one count of abuse of a child involving domestic violence and 2rd-degree assault also involving domestic violence, both class D felonies, punishable by a term of imprisonment of up to five years, a fine of up to $5,000 or both, along with PPD, a misdemeanor.

Bail is set at $5,000.

The defendant appeared in High Court last week where he entered a not guilty plea to all the charges against him, after he waived his rights to a preliminary examination in District Court.

His pretrial conference is December and he’s still in custody unable to post bond.

TAUASOSI FAAPALE

The driver of a vehicle is now accused of violating local drug laws after officers found a glass pipe containing meth in his possession last year and he is finally arrested and charged.

It’s not clear why it took so long for the government to charge the driver, Tauasosi Faapale.

Faapale appeared in District Court last month for his initial appearance. He is charged with one count of unlawful possession of meth, a felony and his bail is set at $5,000.

THE CASE

On the early morning of Oct. 1, 2021, a detective of the Vice and Narcotic Unit (VNU) was informed that traffic officers had stopped a vehicle and found paraphernalia containing a usable amount of meth.

Detectives interviewed traffic officers who initiated the traffic stop about what happened. According to one officer, he, along with two other officers were patrolling west bound in Lepuapua when they observed a vehicle obstructing traffic near the Taputimu intersection.

They initiated a stop and the driver, who was later identified as Tauasosi Faapale, the defendant in this matter, was asked for his driver’s license.

Faapale informed officers that his license was expired. He was then instructed by officers to exit his vehicle as they would be impounding his vehicle to the TPS for further investigation.

When the suspect exited the vehicle he was patted him down and a hard object was discovered by officers that was identified as a glass pipe containing a usable amount of white crystalline substance.

Officers seized the glass pipe and the defendant was detained and later transported to the TPS for further investigation where he was Mirandized and agreed to speak to investigators.

According to the defendant’s verbal statement, the glass pipe belonged to a friend who lives near the location of the traffic stop and he left it with him prior to the encounter with police. He refused to make his statement in writing although he had previously waived his constitutional rights.

He was later transported to the TCF where he was booked and confined. The defendant has been released from confinement.

The white crystalline substance found inside the glass pipe tested positive for meth.

It was not clear from the court affidavit why the defendant was released from confinement.

APELU LAUPAMA

On the night of Oct. 15, 2022 about 11:19p.m, a man who was later identified as the defendant in this case called the TPS regarding a verbal altercation he was having with his wife’s stepfather at their residence in Ottoville.

Several police officers responded to the call and met up with a male in front of the house. The male was later identified as Apelu Laupama, the defendant in this matter.

Two officers spoke with Laupama while other officers went inside the house and spoke to Laupama’s wife and her stepfather in an effort to get a better understanding of what was going on at their residence. All parties involved were transported to the TPS for questioning.

According to Laupama’s statement after he was Mirandized, he was tired of being mistreated by his wife’s stepfather every time he had a verbal argument with his wife.

Laupama stated that he was yelling at his wife for sleeping the whole day, doing nothing, but his wife’s stepfather yelled at him to shut up. As he was standing outside of the house talking to his mother on the phone, his wife’s stepfather walked over and instructed him to pack his things and get out because he was very disrespectful to their family.

Out of anger, Laupama said he turned around and punched his wife’s stepfather causing him to fall on the ground. He then walked inside the house and assaulted his wife also by pulling her hair, and slapping her in the face multiple times before he pushed her on the floor.

When investigators asked Laupama why he had called police, he said, “I wanted to set the matter’s straight that my wife’s stepfather can’t chase me out of the family.”

Investigators interviewed the wife who confirmed her husband had assaulted her and she told them this was not the first time her husband had done this to her and her stepfather.

The wife further stated that after her husband assaulted her, two of her daughters, a 15-year-old and a 13-year-old, came to help her; however, her husband yelled at them to get away. Her husband then walked over and slapped both daughters on the back of their heads.

When questioned by investigators, the stepfather said he was assaulted by the defendant. He said the defendant was yelling profanities inside the house while his grandchildren were listening and that was when he confronted the defendant and instructed him to get out of the house, and the defendant turned around and assaulted him.

The two minors confirmed to investigators of being assaulted by their father. The 15-year old said as she was trying to help her mother up from the floor, and her younger sister ran over and assisted her .

However, their father yelled at them to get away. That is when their father walked over and assaulted both of them.

Laupama made his initial appearance in District Court last month. He is charged with two counts of 2nd- degree assault, both class D felonies punishable by a term of imprisonment of up to five years, a fine of up to $5,000 or both, along with two counts of 3rd- degree assault and two counts of endangering the welfare of a child, all class A misdemeanors, each punishable by a term of imprisonment of up to one year, a fine of up to $1,000, or both.

Bail for the defendant is set at $15,000 and his preliminary examination is set for next week.